U.S. Constitution An Analysis — Part 3

An analysis of the constituent document, article 3

Article III

Section 1
“The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.”

Section 2
“The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; — to all Cases affecting Ambassadors, other public Ministers and Consuls; — to all Cases of admiralty and maritime Jurisdiction; — to Controversies to which the United States shall be a Party; — to Controversies between two or more States; — between a State and Citizens of another State; — between Citizens of different States; — between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.”

Section 3
“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.”

Article III of the United States Constitution establishes the judicial branch of the federal government. It vests the judicial power of the United States in one Supreme Court and in such inferior courts as Congress may from time to time ordain and establish. This article is foundational in ensuring the existence of an independent federal judiciary capable of interpreting and enforcing laws. The Constitution does not specify the number of justices on the Supreme Court, leaving that to Congress. Currently, the Supreme Court consists of nine justices. These judges hold their offices during good behavior, meaning they serve for life unless they retire, resign, or are removed via impeachment. This lifetime tenure is crucial for judicial independence, allowing judges to make decisions free from political pressure. Additionally, the compensation of judges cannot be diminished during their tenure, ensuring financial independence from the legislative and executive branches.

Section 2 of Article III outlines the scope of the judicial power of the federal courts, covering a wide range of cases and controversies. This includes cases arising under the Constitution, federal laws, and treaties, as well as cases affecting ambassadors and other public ministers. The jurisdiction extends to admiralty and maritime issues, controversies in which the United States is a party, and disputes between two or more states or between a state and citizens of another state. It also includes diversity of citizenship cases, where disputes arise between citizens of different states or between citizens and foreign states or citizens. The Supreme Court has original jurisdiction in cases involving ambassadors, public ministers, and states as parties, meaning such cases can be brought directly to the Supreme Court. In all other cases, the Supreme Court exercises appellate jurisdiction, reviewing decisions of lower courts.

Section 3 of Article III explicitly defines the crime of treason against the United States, limiting it to two specific acts: levying war against the United States or adhering to their enemies by giving them aid and comfort. This stringent definition ensures that the charge of treason cannot be used loosely or politically. No person can be convicted of treason without the testimony of two witnesses to the same overt act or a confession in open court. The power to declare the punishment for treason lies with Congress, but the Constitution prohibits “corruption of blood” and forfeiture beyond the life of the convicted person, thereby protecting the rights of the descendants of the convicted.

The establishment of the judicial branch through Article III guarantees the independence of the U.S. judicial system, allowing judges to interpret and enforce laws without undue influence from the other branches of government. This independence has been crucial in maintaining the rule of law and protecting individual rights. Over time, the jurisdiction of federal courts has expanded to address the complexities of a growing and evolving nation. This expansion reflects the judiciary’s role in adapting to new legal challenges and societal changes. The Supreme Court, as the ultimate interpreter of the Constitution, has played a vital role in safeguarding civil rights and limiting governmental power. Landmark cases such as Marbury v. Madison, which established the principle of judicial review, Brown v. Board of Education, which ended racial segregation in public schools, and Roe v. Wade, which recognized women’s right to choose abortion, exemplify the Supreme Court’s profound influence on American society and legal precedent.

The Roberts Court (since June 2022): Front row (left to right): Sonia Sotomayor, Clarence Thomas, Chief Justice John Roberts, Samuel Alito, and Elena Kagan. Back row (left to right): Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, and Ketanji Brown Jackson.

The judicial system of the United States is an intricate and meticulously designed structure, ensuring the fair administration of justice through various levels of courts. At the pinnacle of this system is the Supreme Court, composed of nine judges, known as justices, including one Chief Justice. The justices of the Supreme Court are appointed by the President and must be confirmed by the Senate. This nomination process is rigorous and involves multiple steps to ensure that only the most qualified individuals ascend to the highest court in the land.

When a vacancy occurs on the Supreme Court, the President selects a nominee, often after consulting with advisors, legal experts, and sometimes senators. The nominee is typically a respected jurist with a significant record of judicial service or legal scholarship. Once the President announces the nomination, the Senate Judiciary Committee conducts a thorough vetting process. This includes background checks, reviews of the nominee’s judicial decisions and writings, and personal interviews. The nominee then appears before the Senate Judiciary Committee for public hearings, where they are questioned on their judicial philosophy, past rulings, and views on constitutional issues.Following the hearings, the Senate Judiciary Committee votes on whether to report the nominee favorably, unfavorably, or without recommendation to the full Senate. If the committee approves the nomination, it moves to the Senate floor for a full vote. A simple majority is required for confirmation. If confirmed, the nominee is appointed for a lifetime term, serving until they choose to retire, resign, or are removed through impeachment. This lifetime tenure is intended to insulate justices from political pressures, allowing them to make decisions based solely on their interpretation of the law.

Balance of the US Supreme Court since 2020, shaded by party of the nominating president: Blue represents a Democratic president and red a Republican president

The Supreme Court’s primary function is to serve as the final arbiter of legal disputes and to ensure the uniform application of law across the United States. The Court hears cases on appeal from the lower federal courts and state supreme courts, particularly those involving significant federal or constitutional questions. Each year, thousands of cases are petitioned to the Supreme Court, but the justices select only a small percentage for review, typically those with broad legal or societal implications. This selection process is known as granting a writ of certiorari.

Once a case is accepted, the parties involved submit written briefs, and oral arguments are scheduled. During oral arguments, each side has a limited amount of time to present their case and answer questions from the justices. These sessions are open to the public and are often highly scrutinized, as they provide insight into the justices’ thinking and potential leanings on the case.After oral arguments, the justices meet in private conferences to discuss the case and vote on the outcome. The Chief Justice, if in the majority, assigns the task of writing the Court’s opinion to one of the justices in the majority. If the Chief Justice is in the minority, the most senior justice in the majority assigns the opinion. Draft opinions are circulated among the justices, who may suggest changes or write concurring or dissenting opinions. The final decision is published and sets a binding precedent for all lower courts to follow.

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Judiciary act — 1789

The Judiciary Act of 1789 is a landmark statute that laid the foundation for the federal judiciary of the United States. Enacted by the First Congress and signed into law by President George Washington on September 24, 1789, the Act was crucial in fleshing out the skeletal framework of the judicial branch outlined in Article III of the Constitution. It established the structure and jurisdiction of the federal court system and created the position of Attorney General, setting the stage for a functioning judiciary that would uphold and interpret federal laws.

At its core, the Judiciary Act of 1789 created a three-tiered court system that remains in place today. At the top of this hierarchy is the Supreme Court. The Act granted the Supreme Court the authority to review decisions made by the lower courts, both federal and state, particularly those involving questions of federal law or constitutional interpretation. This appellate jurisdiction is a cornerstone of the Court’s role in ensuring uniformity and consistency in the application of federal law across the nation.Beneath the Supreme Court, the Act established Circuit Courts, which served as the principal trial courts in the federal system and also had appellate jurisdiction over cases from the District Courts. Initially, there were three circuits — Eastern, Middle, and Southern — each comprising several states. The Circuit Courts were staffed by two Supreme Court justices and a local district judge, a practice known as “circuit riding,” which required justices to travel to different locations to hear cases. This system aimed to bring the federal judiciary closer to the people, though it placed significant demands on the justices.At the base of the federal judiciary, the Act created District Courts, with one district court in each state, as well as in the larger states like Virginia and Massachusetts, additional districts were established. Each District Court had one judge who presided over trials involving federal law, maritime cases, and disputes between citizens of different states. These courts were fundamental in handling the bulk of federal judicial business and ensuring that federal laws were enforced at the local level.

Map of the geographic boundaries of the circuit courts, the appeal courts directly under the Supreme Court. Cases appeal from a District Court to an Appeals Court located within a specific circuit. From there, cases may appeal to the Supreme Court.

The Judiciary Act of 1789 also outlined the jurisdiction of these courts, providing a clear delineation of federal and state judicial responsibilities. The District Courts were given jurisdiction over admiralty and maritime cases, minor criminal offenses, and civil suits where the United States was a plaintiff. The Circuit Courts had broader jurisdiction, including major criminal cases, civil cases involving larger sums of money, and appeals from the District Courts. The Supreme Court had both original jurisdiction, in cases involving ambassadors and states, and appellate jurisdiction, reviewing decisions from the Circuit Courts and state supreme courts.Additionally, the Act established the position of Attorney General, who was tasked with representing the United States in legal matters and providing legal advice to the President and executive departments. This role was critical in shaping the development of federal law and ensuring that the executive branch operated within the bounds of the Constitution.One of the most significant provisions of the Judiciary Act of 1789 was Section 25, which granted the Supreme Court the power to review state court decisions that involved federal laws or constitutional issues. This provision was instrumental in asserting federal judicial supremacy and ensuring that state courts adhered to federal law. It laid the groundwork for the Supreme Court’s role as the ultimate arbiter of constitutional interpretation, a role that would be solidified in the landmark case of Marbury v. Madison in 1803, where the principle of judicial review was firmly established.The Judiciary Act of 1789 was not without its challenges and criticisms. The burdens placed on Supreme Court justices by circuit riding were substantial, leading to frequent calls for reform. Over time, the federal judiciary evolved, with subsequent legislation addressing these issues and expanding the number of circuits and judgeships to accommodate the growing nation. Despite these challenges, the Act’s framework proved remarkably resilient and adaptable, forming the bedrock of the federal judicial system.

Article III of the United States Constitution lays the groundwork for an independent and powerful federal judiciary, essential for the fair and impartial administration of justice. By defining the structure, jurisdiction, and powers of federal courts, Article III ensures that justice is administered without bias and that citizens’ rights are protected. The clear definition of treason and safeguards against abuses of power further underscore the Constitution’s commitment to justice and liberty. Throughout history, the U.S. judicial system established by Article III has been a cornerstone of American democracy, ensuring that the Constitution remains a living and dynamic document, adaptable to the needs of an ever-changing nation. This robust framework has allowed the judiciary to evolve and address new challenges, reinforcing the enduring strength and flexibility of the United States Constitution.

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